VIJAY @ NOTI vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 12.11.2025 Pronounced on : 14.11.2025 + CRL.A. 838/2016 VIJAY @ NOTI .....Appellant Through: Mr. Biswajit Kr. Patra and Ms. Khushboo Gupta, Advocates. versus STATE .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Ramniwas, P.S. Uttam Nagar. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted under Section 374(2) Cr.P.C., seeking setting aside of the impugned judgment dated 19.01.2015 and the order on sentence dated 22.01.2015 passed by the learned Additional Sessions Judge-05 (West), Tis Hazari Courts, Delhi, in Sessions Case No. 39/2014 (Old No. 42/2010) arising out of FIR No. 923/2007 registered under Sections 308/34 IPC at P.S. Uttam Nagar. Vide the impugned order on sentence, the appellant Vijay @ Noti was directed to undergo RI for a period of 4 years alongwith fine of Rs.1,000/-, in default whereof he would undergo SI for 2 months, for the offence punishable under Section 308/34 IPC. The Trial Court also extended the benefit under Section 428 Cr.P.C. to the appellant. Signature Not Verified Digitally Signed By:PREM CRL.A.838/2016 Page 1 of 11 MOHAN CHOUDHARY Signing Date:14.11.2025 23:29:03 FACTS AND OVERVIEW 2. On 15.12.2007, DD No. 47B came to be recorded at P.S. Uttam Nagar, informing the police that one Pappu had been admitted to DDU Hospital in an injured condition. Upon reaching the hospital, ASI Sanwar Mal obtained his MLC and learnt that he had been referred to Safdarjang Hospital. At Safdarjang Hospital, the injured was found admitted in Ward B, where a minor operation had been performed on him, and he was thereafter declared fit to make a statement. In his statement, Pappu stated that on that day, at about 4:00 p.m., he had been beaten by